The
consumptive use permit issued by Saint Johns River Water Management District
requires the city to adopt a program and regulations for the provision and use
of water emanating from alternative sources. To serve the best interests of
the public health and welfare, the City needs to adopt such a program, both to
fulfill the requirements of its consumptive use permit, and to encourage the
conservation of water as a valuable and scarce resource.

Options:

1.
Adopt the ordinance

2.
Such alternative action as the Commission may deem appropriate

Fiscal
Impact:

There
is no fiscal impact on the Water fund.

Submission
Date and Time: 6/10/2011 12:42 PM____

Department: Environmental
Services__

Prepared
by: _Darel Craine_

Attachments:
Yes__x__ No ______

Advertised: ____Not
Required ______

Dates: __________________________

Attorney Review : Yes_x__ No ____

_________________________________

Revised 6/10/04

Reviewed by: Dept.
Head ________

Finance Dept. _______JB_________

Deputy C.M. ___________________

Submitted
by:

City
Manager ___________________

Account No. _________________

Project No. ___________________

WF No. ______________________

Budget ______________________

Available _____________________

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF LEESBURG,
FLORIDA, CREATING SECTION 22 – 155 IN CHAPTER 22, ARTICLE IV OF THE CODE OF
ORDINANCES, PERTAINING TO ALTERNATIVE WATER SUPPLIES; PROVIDING DEFINITIONS;
CREATING AN ALTERNATIVE WATER SUPPLY PROGRAM; PROVIDING FOR FEES AND CHARGES
FOR THE USE OF ALTERNATIVE WATER SUPPLIES; ESTABLISHING PROCEDURES AND
REGULATIONS GOVERNING THE ALTERNATIVE WATER SUPPLY PROGRAM; REPEALING
CONFLICTING ORDINANCES; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.

WHEREAS, the Consumptive Use Permit which allows
the City of Leesburg to utilize groundwater and other sources of water to
provide for a public water supply to its water utility customers requires that
the City adopt a program and regulations for the provision and use of water
emanating from alternative water sources, and

WHEREAS,
it is in the best interests of the public health and welfare that the City
adopt such a program, both to fulfill the requirements of its Consumptive Use
Permit, and to encourage the conservation of water as a valuable and scarce
resource, and

WHEREAS,
the City Commission has
determined that the provisions of this Ordinance are necessary and desirable
for the purposes expressed above,

NOW THEREFORE, BE IT ENACTED BY THE
PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

SECTION I.

The
City Commission of the City of Leesburg, Florida, hereby creates §22 – 155 in
Chapter 22, Article IV of its Code of Ordinances, to read as set forth below:

Section
22 – 155. Alternative Water Supply Program

A.
Purpose. The purpose of this Ordinance is to establish an
Alternative Water Supply Program and establish regulations, procedures and fees
associated with this program. This also includes providing definitions;
establishing authority and enforcement; compliance; and an effective date for
the implementation of the program.

B. Definitions. The
following words, terms and phrases, when used in this ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:

Alternative Water Supply: means salt water; brackish surface and
groundwater; surface water captured predominantly during wet-weather flows;
sources made available through the addition of new storage capacity for surface
or groundwater; water that has been reclaimed after one or more public supply,
municipal, industrial, commercial, or agricultural uses; the downstream
augmentation of water bodies with reclaimed water; stormwater; and any other
water supply source that is designated as nontraditional for a water supply
planning region in the applicable regional water supply plan.

Augmentation
Water: means water from
an additional source, such as, stormwater retention ponds, surface water,
brackish water, groundwater or from an approved wetland and blended with the
final effluent of a City wastewater treatment plant

Backflow
device: means either a
dual check device composed of two single independently active check valves, as
described in the American Water Works Association Standard C506-78 (R83), and
the American Society of Sanitary Engineering Standard 1024, and/or a reduced
pressure principle device, as described in the American Water Works Association
Standard C506-78 (R83), and/or the American Society of Sanitary Engineering
Standard 1013.

Billing: means the charge made for alternative
water supply service. The charge shall be included on the monthly utility
bill.

Charges:
means those charges set
by the City Commission for costs of providing service, pursuant to this
ordinance.

Cross
connection: refers to
any physical connection or arrangement which would allow the movement of
contaminants or fluids between any non-potable water system, such as the
alternative water supply system, and a potable water system.

Customer: means the actual user of the
alternative water supply system.

DEP: means the Florida Department of
Environmental Protection, or its successor in function.

Department: means the Environmental Services
department of the City or its successor in function.

Development: means a material change in the
use or character of the land, including but not limited to the placement of any
structure or substantial alteration on the land.

Director: means the Director of the Environmental Services
Department of the City or successor in title.

Discontinuation
of service: means
cessation of a service by physical separation from the system's service lines
to ensure that no service can be received.

PE: means polyethylene.

Public
eating, drinking, bathing facility:
means water fountains, picnic tables, swimming pools, spas, and food service
facilities, such as tables and beverage counters that are open to and provide
service for the public.

PVC: means polyvinyl chloride.

Reclaimed
water: means
treated effluent from a City wastewater treatment plant supplied through the
reclaimed water distribution system.

Reclaimed
water reuse system:
means those reclaimed water mains, lines, fittings, valves and appurtenances
installed in public rights-of-way or utility easements, which are owned by the
City.

Service
valve: means the
manually operated valve which controls total reclaimed water flow to the
customer's property located at the point where the alternative water supply
service line crosses the property line.

Well: means any excavation that is
drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed
when the intended use of such excavation is for the location, acquisition,
development or artificial recharge of groundwater.

C. Integration
of Alternative Water Supply. This ordinance establishes that the City's
existing utility will be expanded to include alternative water supply services,
if feasible, and allocates responsibilities for facilities owned by the City.

D. Program
Created. There is hereby created an alternative water supply and
reclaimed water reuse program for the City. The purposes of the program are to
utilize highly treated reclaimed wastewater and other alternative water supply
sources within the City for environmentally suitable purposes and to conserve
groundwater supplies for future generations by minimizing the use of potable
water from groundwater sources by appropriate uses of alternative water
supplies. The City has elected to create an alternative water supply program in
order to reduce demand on the potable water system through reuse/disposal of
highly treated reclaimed water by land application or other suitable purposes.

E. Compliance
With State Regulations. The construction, maintenance and use of
the alternative water supply system shall be in accordance with the provisions
of F.A.C. 62-610, as amended, or any successor or replacement regulations
pertaining to alternative water supply systems. If any of the provisions of
that chapter are more restrictive than the provisions of this code, the
applicable provisions of F.A.C. 62-610 shall prevail.

F. Promulgation
of Regulations. The City Manager or designee shall have the power
to promulgate procedures and regulations with respect to the following matters,
which procedures and regulations shall become effective upon a resolution
approving such procedures and regulations being adopted by the City Commission:

(1) Application
procedures, forms and requirements, and allowable uses other than irrigation.
All uses must be in accordance with applicable State of Florida regulations.

(2) Installation
requirements, including specification of acceptable materials, devices and
regulations to prevent backflow or cross connections with other systems.

(3) Procedures
for enforcement of the ordinances and regulations pertaining to reclaimed
water, including procedures for inspection of the customer's system.

(4) Procedures
for the orderly expansion of the alternative water supply system.

(5) Procedures
and regulations for the efficient operation of the alternative water supply
system.

G.
Restrictions on Use of Alternative Water Supply. No person shall
construct, operate, maintain or allow to remain present on property owned or
controlled by him any device or system which is connected to or which controls
a device or system connected to the City's alternative water supply system and
which is not in compliance with all provisions of this ordinance, and
applicable State of Florida regulations related to alternative water, and with
all procedures and regulations promulgated pursuant to this section. Alternative
water shall not be directed or piped into any residence or commercial building.
The City is authorized to enter upon any property where a non – complying
device or system is located and to remove such device or system, or secure it
so that it can no longer be utilized in violation of this ordinance or
applicable State regulations. The person who owns or controls the property upon
which such a non-complying device or system is found shall be liable to the
City for the amount by which the costs associated with the securing and/or
removal of the non-complying device or system exceeds the cost of a normal
discontinuance of service. These excess costs shall constitute a lien against
the property upon which the non-complying device or system is located, which
shall take priority as of the date a notice of such lien is recorded in the
Public Records of Lake County, Florida. .

H. Discontinuance
of Service Authorized. Any customer whose alternative water supply
system is in violation of any City or State of Florida ordinance, regulation or
procedure shall be subject to immediate discontinuance of alternative water
supply service. The City shall disconnect alternative water supply service to
any user due to tampering with any service, for the presence of plumbing cross
connections with any other water source, nonpayment of bills, or for any other
reason which is deemed by the City to be detrimental to the system. The City
shall disconnect service until the condition is corrected and all costs due the
City are paid. These costs shall include delinquent billings, disconnection and
reconnection charges, and payment for any damage caused to the system. At no
time during the period of disconnection shall the monthly service charges be
abated. Should service be turned on without authorization, the City shall
remove the service and the violator shall be subject to section 22 – 213 of
this Code. The City shall have the authority to lien the real property of any
user for nonpayment, by filing a notice of such lien in the Public Records of
Lake County, Florida; and if the nonpayment continues for a period of three
months following the recording of the lien, the City shall have the right to
foreclose the lien. Such discontinuance of service shall not relieve any person
of liability for civil actions or for criminal or municipal ordinance violation
prosecution.

I. Existing
Wells. Upon being connected to the City's alternative water supply
system, any existing wells on the subject property shall not continue to be
used for irrigation and shall be disconnected from the irrigation system.

J. Easements. .
This provision shall not be construed to entitle any person to cross the
property of another to make such connections. All connections and associated
infrastructure shall be placed within duly dedicated public easements or within
private easements as to which the customer has the legal right to utilize the
easement for this purpose.

K. Fees
and Charges. Any user of the alternative water supply system
shall pay to have the alternative water supply system and connection installed.
Once the service is connected, the user shall pay a minimum monthly
availability charge and a usage charge. These charges will be set by resolution
of the City Commission, and are on file in the City Clerk's office.

2. Bills
for alternative water supply service shall be rendered as a part of the regular
City bill for utility services.

3. For
purposes of this section, an alternative water availability charge is a charge
established by the City Commission for the availability of alternative water
supply service provided by the City to a property. Alternative water supply
service is deemed available to a property if an alternative water meter is
located at the property regardless of whether the property is actively
receiving alternative water supply service. The charge shall be billed in the
City utility bill of the consumer for those accounts which are actively
receiving alternative water supply service and in a utility bill to the owner
of the property for those properties not actively receiving alternative water
supply service.

L. Location of
City Facilities. No facilities will be installed under the provisions
outlined in this ordinance nor will any such facilities be accepted by the
City for maintenance, unless they are located wholly within a dedicated public
right-of-way or dedicated public easement. Any new easement shall be adequately
sized as approved by the Utility Director to accommodate construction and
maintenance of any alternative water supply system component. No obstruction of
whatever kind shall be planned, built or otherwise created within the limits of
the easement or right-of-way without written permission of the Utility
Director.

M Ownership of
System. All alternative water facilities and appurtenances within
dedicated public easements, when constructed or accepted by the City shall
become and remain the property of the City. No person shall, by construction of
facilities accepted by the City, acquire any interest or right in any of these
facilities or any portion of such facilities, other than the privilege of
having their property connected for alternative water service in accordance
with this ordinance.

N. Right to Refuse Service. The
City shall have the right, at all times, to refuse to extend service on the
basis of a use detrimental to the system, inadequate supply of alternative
water, lack of payment of required service charge, or for any other reason
which, in the judgment of the Director (as constrained by the provisions of
this or any other applicable City ordinance), will cause the extension not to
be to the benefit of the City.

O. Interruption
of Service. The City reserves the right to discontinue service
temporarily to any portion of, or the entire, alternative water supply system
as deemed necessary by the Environmental Services Director.

The
Environmental Services Director shall have the authority to establish schedules
to control the use of the water reuse system in order to reduce maximum
pressure demands on the system and to regulate usage of reused water to balance
with supply and storage availability.

P. Cross
Connections. Prior to connecting a user to the alternative water supply
system, the public potable water supply shall be protected by installation, at
the user's expense, of an approved cross connection control assembly.

Q. Unauthorized
Work on System. No person, unless expressly authorized by the
Environmental Services Director or his designee, shall tamper with, work on, or
in any way alter or damage any City alternative water facility. Tampering or
work shall include but is not limited to opening or closing of valves, or
causing of any water to flow from the system. No unauthorized person shall cut
into or make any connection with the system. The offending person shall be
liable for the cost of all charges attributable to the correction of such
tampering, including legal expenses; but payment of or correcting of such
damage shall not relieve the offending person from civil or criminal penalties
the City or a court of law may impose for a violation of a City ordinance.

The
service valve located between the alternative water customer's irrigation
system and the City's distribution system may be operated by the customer only
when his private valve, required on the customer's premises, requires repair.

R. Inspections. To
ensure that all provisions of City ordinances, regulations and procedures are
being observed, the City reserves the right and privilege of inspecting,
removing and/or securing any or all devices installed by the customer which
connect to or control the alternative water.

(1) Inspections
without cause to believe that an ordinance or regulation is being violated
shall be at reasonable times and shall not exceed a reasonable frequency.

(2) Inspections
where there is reasonable cause to believe that an ordinance or regulation is
being violated shall be at such times and shall occur with such frequency as is
necessary to establish that an ordinance or regulation is or is not being
violated.

(3) Each
customer of alternative water shall, by application, give prior written consent
to entry upon his premises, and thereby waives any other written notice for
such inspection and any right to refuse entry. Failure of the City to obtain
such a written waiver shall not affect the right of the City to proceed
pursuant to subsections (1) and (2) of this section.

(4) Refusing
to permit an authorized City agent or employee to enter onto the premises for
the purpose of inspecting the customer's alternative water supply system
pursuant to this section shall constitute a violation of this section and shall
be grounds for immediate discontinuance of the alternative water supply service
by the City to the subject premises.

S. New
Subdivisions. The
following provisions shall govern installation of alternative water supplies in
new subdivisions:

1. Minimum
service requirements.

(a) All
new subdivisions located within the existing City Utility Service Area shall
construct alternative water mains to provide irrigation and other non-potable
service to all lots based on the projected amount of property to be irrigated,
as well as other potential non-potable uses, including common elements.
Alternative water supply service including required back flow prevention
devices and taps shall be installed for each lot, with a minimum service tap
size of three-fourths inch in diameter. Actual service tap size and potential
sharing of service lines shall be reviewed and approved. These improvements shall
be completed and in place regardless of whether City alternative water is
available to the project at the time of development. At such time as City
alternative water is available each lot and other property to which a tap was
required shall accept City alternative water supply service.

(b) Site
development plans for all new development on previously vacant property where
the City alternative water lines adjoin the property shall show irrigation
systems connected to alternative water mains where available. Where such
service is not currently available, site plans shall show irrigation systems
which shall be configured for ultimate connection to alternative water mains by
locating pumps or potable water system connections adjacent to the right-of-way
or other planned alternative water main location.

(c)
Alternative Water Supply Systems shall be required within all subdivisions
receiving final plat approval after the date which is 60 days following the
effective date of this Ordinance.

2. Existing
Landscape Irrigation System. Existing landscape irrigation system located
within the City shall accept City alternative water supply service when
available as follows:

(a) If
the existing irrigation system on such property is using City potable water for
irrigation the property shall connect to the City's alternative water supply
service when available.

(b) If
the existing irrigation system on such property is using a private well located
on the property or lake water for irrigation then such property shall connect
to the City's alternative water supply service when available.

(c) No
new irrigation system for landscaping use shall be allowed in the City unless
it connects to the City's alternative water lines if such lines are available
to the property seeking irrigation.

3. System
design. The layout of alternative water supply systems shall comply
with the following design criteria and the adopted standard utility details of
the City:

4. General
standards. Design and installation practices, materials and methods
shall conform with requirements for potable water systems, except where
specifically modified by policies or details adopted for the alternative water
supply system.

5. Main
size. Mains shall be sized based on the anticipated demand for
alternative water use based on land use, soil characteristics and potential
non-irrigation use. Minimum main size shall be six inches in diameter.

6. Extension
of lines to project boundaries. Alternative water mains shall be
designed to stub out to the project boundaries to serve adjacent unserved
properties. This shall include mains in all rights-of-way, across the entire
project frontage on existing roads without existing mains, and to the property
boundary via easement when no other access is available to unserved
properties.

7. Color
coding of alternative water appurtenances. All alternative water
supply materials shall be color coded purple from the manufacturer.

8. Availability.
Availability shall mean the City having sufficient capacity to provide service
to a subject property and the alternative water lines being physically located
within 120 feet of the subject property.

SECTION II.

All ordinances or part of ordinances
which are in conflict with this Ordinance are hereby repealed, to the extent
necessary to alleviate the conflict, but shall continue in effect insofar as
they are not in conflict herewith, unless repeal of the conflicting portion
destroys the overall intent and effect of any of the conflicting ordinance, in
which case those ordinances so affected shall be hereby repealed in their
entirety.

SECTION
III.

If
any portion of this Ordinance is declared invalid or unenforceable, and to the
extent that it is possible to do so without destroying the overall intent and effect
of this Ordinance, the portion deemed invalid or unenforceable shall be severed
herefrom and the remainder of the ordinance shall continue in full force and
effect as if it were enacted without including the portion found to be invalid
or unenforceable.

SECTION
IV.

Headings
in this Ordinance are for informational purposes only and shall not be utilized
or referred to for any purpose in the interpretation of this Ordinance.

SECTION
V.

This
Ordinance shall become effective upon its passage and adoption according to
law.

PASSED
AND ADOPTED at the
regular meeting of the City Commission of the City of Leesburg, Florida, held
on the day of ,
2011.